Chamber and committees

Ministers have not yet had an opportunity to visit any independent schools this parliamentary session, although a visit that I had to postpone due to parliamentary business will be re-scheduled shortly.

The Lockerbie bombing remains the worst terrorist atrocity ever committed on UK soil and the effects continue to be felt around the world. The investigation into this terrible atrocity has been conducted jointly by Scottish and American prosecutors and law enforcement for 34 years. 270 people lost their lives that terrible night and 21 countries lost citizens. It has always been an international investigation and I welcome the significant step taken by the United States in obtaining custody of Mr Masoud.

Having been transferred to US custody, Mr Masoud will stand trial in a United States Court, subject to United States laws. That does not diminish the loss suffered by Scotland and many other countries. The 190 American lives lost that night give the United States of America criminal jurisdiction to prosecute Mr Masoud, just as the scene of this terrible crime in Lockerbie and the lives lost here, gave Scotland jurisdiction to prosecute Mr Al-Megrahi and Mr Fhimah under Scots law at Kamp Zeist.

There are no current criminal proceedings in Scotland against Mr Masud. Scottish prosecutors and Police Scotland are dedicated to supporting the US prosecution, just as American counterparts, with assistance from countries around the world, supported the trial at Kamp Zeist to its successful conclusion in 2001.

In December I travelled to Washington DC where I attended a memorial ceremony and met with the US Deputy Attorney General. We discussed how we can continue to work together to obtain justice for all of the victims and their families, and I assured the Deputy Attorney General of Scotland’s unwavering support in this international effort.

We continue to support active farming and food production with direct payments to provide certainty to the industry. We delivered 2021 Common Agriculture Policy (CAP) payments to schedule with over £564 million issued. In 2022, we brought forward the payment date to as early in the year as was practicably possible in order to provide support to businesses with immediate cash flow challenges. Over 17,356 businesses have already benefitted from this change with around £417.4 million paid out to date.

The Scottish Government is working with the industry and partners with an interest in delivering a thriving, sustainable, rural economy, to co-develop and co-design future agricultural support structures and delivery, to offer clarity, and through a just transition, avoid cliff edges for Scotland’s farmers and crofters.

The Agriculture Reform Implementation Oversight Board (ARIOB), co-chaired by Cabinet Secretary RAI and NFU Scotland President Martin Kennedy, provides advice to the Scottish Government on actions that will assist the sector in addressing the climate and biodiversity crises at pace, and enable it to make targeted investment for longer-term benefits and outcomes.

Published in December 2021, the NHS gender identity services: strategic action framework 2022-2024 outlined actions to improve access, and delivery of, NHS gender identity services.

A description of the range of work referred to in the answer to question S6W-13576 is included in the 21 November 2022 letter from the Cabinet Secretary for Health and Social Care to the Convener of the Equalities, Human Rights and Civil Justice Committee.

ScotRail Trains Ltd. is currently developing a training plan with associated costings to roll out menopause awareness across the organisation. It is anticipated that this will include, among other things, “Train the Trainer” sessions with Henpicked, which will enable the delivery of awareness sessions across the organisation. Henpicked works with organisations to help develop the right menopause in the workplace training, education, policies and practices to make an organisation menopause friendly.

Scottish Rail Holdings has advised that ScotRail Trains Ltd.’s expenditure on menopause-related initiatives to date are as follows:-

• 2022 and 2023 - Annual Membership fee to Henpicked to become a Menopause Friendly Accredited organisation - £1500 plus VAT each year
• 2022 and 2023 - speakers fees for events for World Menopause Day/World Menopause Month – Total £1000

Scottish Government has not made an assessment of this cost. The independent sector is a well-established part of the Scottish education system that promotes choice for parents. Officials are in regular contact with the Scottish Council of Independent Schools to discuss a range of issues that affect the sector.

As Nitrous Oxide is not classed as a controlled substance under the reserved Misuse of Drugs Act 1971, it is not routinely screened for in toxicology testing.

The National Records of Scotland do publish ‘Accidental poisoning by and exposure to noxious substances’, but do not provide specific substance breakdowns.

Analysis of hospital admissions in relation to Nitrous Oxide would be limited by use of the ICD-10 diagnostic coding system. Nitrous Oxide use is coded within the ‘inhalant’ or ‘volatile substance’ category (F18), but this also contains other substances such as butane and glue, so it isn’t possible to narrow it down to the admissions specific to nitrous. There is also no mention of intentionality (i.e. recreational use) within these data.

The Scottish Government has had no recent discussions with the UK Government on these issues; I have, however, recently met with the Maritime Coastguard Agency regarding all aspects of their operations in Scotland.

Coastguard operations are matters reserved to the UK Government and the responsibility of the Maritime and Coastguard Agency. The Maritime and Coastguard Agency, reporting to the Secretary of State for Transport, are responsible for providing effective operations and the welfare of its workforce.

The Scottish Government expects the highest shipping safety and other regulatory standards around Scotland’s coasts and that coastguard staff welfare issues are afforded paramount importance in what is a sometimes hazardous line of employment.

At this time Nitrous Oxide is not covered under the Misuse of Drugs Act, rather it is currently an offence under the reserved Psychoactive Substances Act 2016 to supply nitrous oxide if a person knows, or is reckless as to whether, it will be used for its psychoactive effect. Given the reserved nature of this legislation, the Scottish Government has not had any discussions with eBay, Amazon or any other retailer about the marketing or sale of nitrous oxide for recreational purposes. However, we have engaged heavily with the National Crime Agency and UK Government about the need for tackling the ease through which certain products can be bought online and used for criminal activity and will be responding to their current consultation about developing a new criminal offence around the supply or possession of articles used for serious crime, particularly pill presses. We would plan to engage with retailers about the impact of any new legislation.

The UK Government have requested that the Advisory Council on the Misuse of Drugs conduct an updated assessment of the health and social harms of nitrous oxide and, following that assessment, provide advice on whether nitrous oxide should be controlled under the Misuse of Drugs Act 1971. Scottish Government officials are engaging with the ACMD around this review and have provided information to them in relation to it. The ACMD will explore, amongst other elements of Nitrous Oxide use, whether current regulations are having the desired effect of preventing the marketing and sale of nitrous oxide for recreational purposes and whether or not such an effect might be achieved by listing it under the Misuse of Drugs Act 1971.

The following tables show how many potholes had been reported and repaired by Transport Scotland’s Operating Companies and DBFO Concessionaires per month in 2021 and 2022